EC circular not incorrect: SC setback for Mamata Banerjee before Bengal results

The TMC had moved the apex court on Friday seeking the appointment of state government nominees as counting supervisors, alleging this was being denied. The party argued that central government employees could be influenced by the ruling party at the Centre, affecting the level playing field during counting of votes.

In Short

• TMC sought state nominees as counting supervisors, fearing irregularities
• SC upheld EC's right to appoint central govt employees only
• TMC now urges strict implementation of poll body's circular

The Supreme Court on Saturday refused to intervene in the Election Commission of India's decision to appoint only central government and Public Sector Undertaking (PSU) employees as counting supervisors and assistants for the counting of votes in West Bengal on May 4, dealing a setback to the Trinamool Congress.

A special two-judge bench of Justices PS Narasimha and Joymalya Bagchi observed that the Election Commission has the right to choose its own officers and that the circular appointing central government employees could not be struck down on those grounds.

"All these employees, in exercise of their duty, are under the control of the Election Commission, so it doesn’t matter if they are central or state government employees," the court observed.

The court said no further directions were required beyond recording the Election Commission's counsel's statement that the circular would be implemented in "full letter and spirit".

The TMC had moved the apex court on Friday seeking the appointment of state government nominees as counting supervisors, alleging this was being denied. The party argued that central government employees could be influenced by the ruling party at the Centre, affecting the level playing field during counting of votes.

"Article 324 is not a wild horse. You can't do anything you like, whenever you like. They (the Centre) fear possible irregularities, but that's pointing a finger at the state government," said Kapil Sibal, who represented the TMC in the court. Article 324 vests the superintendence, direction and control of elections in the Election Commission.

The Election Commission, for its part, told the court it was following its April 13 circular and explained that the arrangement is reciprocal: Where the counting supervisor is from the central government, the counting assistant is drawn from the state government, ensuring at least one state government official is present at each counting table.

Following the apex court’s observations, the TMC shifted its stance and called for the implementation of the circular, asserting that the poll body should appoint state government employees in line with its circular.

POLITICAL TENSIONS IN WEST BENGAL

The TMC's move came amid escalating political tensions during the second phase of polling on April 29, with both the TMC and BJP trading allegations of intimidation and interference. Several constituencies witnessed clashes between rival supporters, while heightened security deployment triggered criticism from the ruling party.

A senior police officer from Uttar Pradesh – Ajay Pal Sharma – known as the “UP Singham officer” – also came under scrutiny after issuing stern warnings to a TMC candidate against attempts to obstruct polling or challenge security personnel.

The TMC criticised the IPS officer’s conduct, alleging intimidation of party workers. The BJP defended the strict security measures necessary to ensure free and fair voting.

Tensions escalated further after senior TMC leader Abhishek Banerjee alleged that central forces had pushed an elderly man to death while he was being helped by his son to enter a polling booth in Howrah. The allegation intensified the party’s criticism of central security deployment during polling, though the Election Commission is yet to respond to the claim.

TMC'S 'EVM MANIPULATION CHARGE'

Just after the second phase of polling ended, TMC supremo Mamata Banerjee marched down to an EVM holding centre over allegations of vote manipulation. However, by the end of it, the high-intensity drama over alleged EVM tampering at a Kolkata strongroom ultimately turned out to be a false alarm.

The controversy was triggered by a Trinamool Congress tweet alleging suspicious movement inside Khudiram Anushilan Kendra in central Kolkata, where EVMs from all seven North Kolkata Assembly seats are stored.

Trinamool workers soon swelled in numbers amid reports that Chief Minister Mamata Banerjee was on her way. However, she instead headed to the strongroom at Sakhawat Memorial School in south Kolkata, where she stayed for nearly four hours before emerging after midnight.

However, after the Election Commission issued a clarification, Banerjee and her party’s allegations came to naught.

- Ends